Fourth defendant sentenced for 2012 Midway shooting

Oroville >> The fourth of five defendants involved in a 2012 vehicle-to-vehicle shooting on the Midway was sentenced Friday.

Butte County Superior Court Judge Tamara Mosbarger sentenced David Allen Abed, 19, to a middle term of five years, eight months in state prison for felony counts of shooting at an occupied vehicle and carrying a loaded weapon with a gang allegation.

Abed was the driver of the vehicle with four passengers seeking members of a rival gang following an initial confrontation at the Humboldt Avenue Skate Park in Chico on Oct. 25, 2012.

Rivals sought

The males, except Lewis, initially followed their rival's vehicle but withdrew. They discussed scaring the rivals. They retrieved Lewis and a rifle from his residence and went to Abed's residence for ammunition.

With Abed driving and Castro in the front passenger seat, they spotted a red pickup that some associated with the rival gang.

They followed the pickup through south Chico. While the pickup was stopped at Hegan Lane and the Midway, Castro fired at least two shots into pickup narrowly missing the driver and his wife.

The defendants were each initially charged with two counts of attempted murder, but the prosecution sought to dismiss those charges as each defendant changed their plea.

Castro pleaded guilty to assault with a firearm with a gang enhancement. He was sentenced July 2 to 15 years to life.

Avila pleaded guilty to assault with a firearm with the gang enhancement. He was sentenced April 11 to 7 years in state prison,and must serve 85 percent of his term before becoming eligible for release.

Lewis pleaded guilty in February 2013 to shooting at an occupied vehicle and carrying a loaded weapon with the gang enhancement. He is scheduled to be sentenced May 16.

Lozano, who was initially charged as an adult, had his matter referred to juvenile court after agreeing to testify truthfully about what happened.

Defense sought probation

During Friday's sentencing, several members of Abed's family spoke on his behalf. The defendant's sister, Ada, said the shooting was totally out of character for her brother. She said he's done what he can to make up for his actions, including testifying about what happened.

"He's learned so much since he's been here," Ada Abed said.

Defense attorney Corie Caraway had asked the judge to consider placing the defendant on probation. Outside of court, she acknowledged that something bad had happened in the past, but said Abed has continued to do the right thing since then.

Caraway also noted the strong support of Abed's family, which is a good indication of success on probation.

Deputy district attorney Niels Bringsjord said probation would be inappropriate. He sought the upper term sentence, indicating Abed benefited from an early plea and could have faced a much longer sentence if convicted of the original charges.

Judge Mosbarger said it gave her no pleasure to sentence a 19-year-old to prison, but Abed was the driver as the group got a weapon and ammunition and sought their rivals. She said Abed probably got caught up in the gang, but his actions could've taken someone's life.

Mosbarger said a middle-term sentence was a "square deal." She cited aggravating factors including the seriousness of the act, the fact the victims were particularly vulnerable and that Abed's actions were a danger to society.

In mitigation, the judge noted Abed's good prior performance in juvenile court, his cooperation with police and his willingness to comply.

Abed was given nearly three years in custody credits. He may be eligible for release in August 2015.